Just War, Peace and Human Rights Under Islamic and International Law

Abstract

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Revisiting the Jihad Ideology in Islamic International Law and its Appropriation by Nonstate Actors

“…This school of thought include such renowned figures as Mahmoud Cherif Bassiouni, Mohammad Hashim Kamali and Hilmi M Zawati. In championing his argument, Zawati points to the terminological nexus between Jahada (exerting oneself in labour and toil for the will of Allah) and Jihad, 11 whereas Hashim Kamali is anxious to assert that the initial and principal path of Jihad is that of peace, only digressed as a consequence of the aggression and undue belligerence of the unbelievers of Mecca. 12 According to another contemporary scholar, Professor Khaled Abou El Fadl, 'Far from being a concept constrained to the idea of violent struggle and warfare, jihad embodies the very idea of righteous and ethically upright struggle.…”